Employment Division, Department of Human Resources of Oregon v. Smith (1990) greatly changed First Amendment religious free exercise law, abandoning the compelling interest test.| The Free Speech Center
City of Boerne v. Flores (1997) said Congress does not have unlimited power to expand First Amendment rights and overturned the Religious Freedom Restoration Act of 1993.| The Free Speech Center
Thomas Jefferson, author of the Declaration of Independence and third U.S. president, promoted ideals of freedom of speech, press, and conscience.| The Free Speech Center
Religious liberty advocates have observed that state constitutions may provide more separation of church and state than is protected in the First Amendment.| The Free Speech Center
When the First Amendment was ratified, it did not eliminate established churches in states where they existed. Eventually, all established churches were disestablished.| The Free Speech Center
The recognition and celebration of religious holidays by government can run counter to the First Amendment prohibition of government endorsing a particular religion.| The Free Speech Center
Marsh v. Chambers (1983) found that the practice of hiring a chaplain to open the legislative day with prayer did not violate the establishment clause of the First Amendment.| The Free Speech Center
The Supreme Court used the three-pronged Lemon test for nearly four decades to evaluate whether a law or governmental activity violated the establishment clause of the First Amendment. The test was largely abandoned by 2022.| The Free Speech Center
Sherbert v. Verner (1963) said that denying unemployment benefits to an applicant who refused to work on Saturday, her Sabbath, violated First Amendment rights.| The Free Speech Center
West Virginia State Board of Education v. Barnette (1943) said requiring students to salute the American flag infringed upon First Amendment freedoms of belief and speech.| The Free Speech Center
The Supreme Court has ruled that compelling schoolchildren to recite the Pledge of Allegiance violates the First Amendment.| The Free Speech Center
Perhaps no religious sect has had a greater impact relative to its size on expanding the First Amendment free exercise of religion than has the Jehovah’s Witnesses.| The Free Speech Center
Wallace v. Jaffree (1985) struck down a state law requiring a minute of silence in public schools. The Court said the law had a religious purpose and violated the First Amendment.| The Free Speech Center
In First Amendment law, Sandra Day O’Connor, the first woman appointed to the Supreme Court, was known for her religious liberty opinions.| The Free Speech Center
Many early American states required public officeholders to take religious oaths. In 1961, the Supreme Court said this requirement violated the First Amendment.| The Free Speech Center
Lynch v. Donnelly (1984) upheld the inclusion of a manger scene in a Christmas display on government property against a First Amendment establishment clause challenge.| The Free Speech Center
Explore the concept of religion neutrality and its implications in Supreme Court decisions regarding the establishment clause.| The Free Speech Center
The establishment clause prohibits government from establishing a religion. It is sometimes referred to as separation of church and state.| The Free Speech Center
Courts use the endorsement test to determine whether the government impermissibly endorses or disapproves of religion in violation of the First Amendment.| The Free Speech Center
Everson v. Board of Education (1947) said spending tax funds to bus children to religious schools did not breach the First Amendment establishment clause.| The Free Speech Center
Engel v. Vitale (1962) ruled that school-sponsored prayer in public schools violated the First Amendment even though participation in the prayer was voluntary.| The Free Speech Center
Abington School District v. Schempp (1963) ended devotional exercises in public schools because the First Amendment forbade the recognition of one religion over others.| The Free Speech Center